Still plucking figures out of the air? Markarian and the affirmation of the instinctive synthesis

The High Court of Australia recently had the opportunity to reconsider the appropriate sentencing methodology to be adopted in the sentencing of offenders under Australian criminal law in the case of Markarian v The Queen. The High Court had to decide whether to continue with the instinctive synthesis approach to sentencing or a process that exposed in greater clarity the basis upon which sentencing was to occur. Ultimately, a majority of the Court favoured the continuance of the instinctive synthesis approach to sentencing in criminal cases. The article will consider the decision in Markarian and the implications that it will have for the sentencing of offenders in the States and Territories of Australia.

Bringing shared values out of the shadows

As part of its wider promotion of a world that is peaceful and tolerant, the United Nations declared 2005 the International Year of Sport and Physical Education. At the fore of the UN's proclamation was recognition of the important role sport and PE play in nurturing the health and harmony of society. Sport and PE, the UN declared, provide important nodes for social connection around which shared values and understandings can be formed. In the wake of the UN's endorsement of the role that sport and PE can play in fostering social and emotional development, it is more important that ever that we reflect on and refine our practices towards this end. This paper draws on two research narratives to illustrate how easily this potential can be undermined. Indeed, behind some of the wonderful opportunities for connection that exist through a participation in PE and sport exists a dark shadow of alienation and oppression. The challenge raised through this paper centres on the need for PE teachers and coaches to work deliberately and strategically towards the cultivation of inclusive, tolerant and responsible forms of participation, and not leave their development to chance.

Nestedness in fragmented landscapes: birds of the box-ironbark forests of south-eastern Australia

Nestedness in biota as a function of species richness – biota of depauperate assemblages being non-random subsets of richer biotas – has been widely documented in recent years (see Wright et al. 1998, Oecologia 113: 1–20). Ordering sites by richness maximizes nestedness indices; however, ordering by other criteria such as area or isolation may be more ecologically interpretable. We surveyed birds in true fragments (35 in all), and in "reference areas" in large extant forest blocks (30 locations), of the same range of areas (10, 20, 40, 80 ha). The avifauna was divided into "bush birds"– species dependent on forest and woodland, and "open country" species. We looked at nestedness in four data sets: "bush birds" in fragments and reference areas, and "all birds" in fragments and in reference areas. All data sets were significantly nested. Ordering by area in all cases was not significantly less nested than ordering by richness. Ordering by area in fragments was significantly greater than in reference areas, but the differences in standardized nestedness indices were small (<15%). We identified those birds that had distributions among fragments that conformed strongly with area, those that were more randomly distributed and some species that were more likely to occupy the smallest fragments. Among the latter was a hyperaggressive, invasive, colonial native species (noisy miner Manorina melanocephala). A suite of small, insectivorous birds were more likely to strongly conform with expected distributions in relation to area, which was consistent with observations of their vulnerability to the effects of the noisy miner in smaller fragments.

Trade commitments in education services : the need to move out of the current impasse

Education services is included as part of the General Agreement on Trade in Services (GATS). This inclusion, however, has not gone without its critics, and discussions about the liberalization of education remain distinctly polarized. This article seeks to bring a more balanced debate to the mix by presenting the case of New Zealand, one of the most liberalized World Trade Organization (WTO) Members in trade in education services. Through this case study, it is discussed how New Zealand has chosen to shape the growth of the education market and steer its developments by including controlled mechanisms as part of its regulatory framework.

When planes fall out of the sky : the war body on screen

I can’t keep my eyes off the war body, even though in the repeated seeing of it I feel nauseous: implicated in, and affected by, its painful coming into being. In this age of the War on Terror, wherever I look, wherever I am directed to look by the all-seeing “vision machines” that “illuminate” our identities (Virilio 1994, 70), the body of the soldier, terrorist, hostage, and victim come into troubling view. These war bodies are real in the ontological and phenomenological sense; they are also metaphoric, simulated, and discursive. In this chapter I will define and explore the complex ways in which these three articulating axis—war, in its militaristic and ideological sense; the screen, in all its multifaceted forms and contexts; and the body, individual and social—conjoin and synthesize, disintegrate and dislocate, in a phantasmagoric but simultaneously desperately real collision of power, desire, and control. My main contention will be that the war body on screen is a “sickening” creation that we have desired into being, so that we may feel, better understand, and be taken over by its terror. This terror of living ultimately helps ensure our docility, a docility required by the late capitalist nation-state; it also reconnect us to our bodies in profoundly moving and potentially challenging ways.

Out of the shadows: a discussion on law reform for the prevention of financial abuse of older people

Financial abuse of older people too often lives ‘in the shadows, hidden by fear and shame’. This and the protective love between family members can screen changes that are critical to an older person’s financial and living arrangements. Rather than a single event, it is usually a series of well-intentioned but ill-considered financial acts, which at some point tips over into abuse interwoven with an intricate web of family relationships. Was a transfer of title or a loan to an adult child really misappropriation? Has thoughtlessness become undue influence or even theft? 

Out of the frying pan, into the fire : Cantrills Filmnotes as Prestige Machine

This examination of the gaps and ambiguities linked to Cantrills Filmnotes (CF), an Australian publication on experimental film, offers a case study on the production and ownership of Pierre Bourdieu’s 'cultural capital' in film art at the margins, witnessed first-hand. CF emerged at the intersection between the street and the academy, spanning that period from the 70s till its abandonment in 2000 during which, it is argued here, it migrated from the former to the latter. This examination surveils, in retrospect, for whose benefit was the magazine's accumulation of power, status and prestige exercised, in whose service was it exacted? CF’s manifesto-like editorial rhetoric was often directed at perceived shortcomings of those institutions servicing film art in Australia. What is revealed when such a critical eye focuses on the production of Cantrills Filmnotes (CF) itself? CF's cultural production has a further dimension of both taking on and taking place inside a colonial mind-set, a cultural cringe often the subject of editorial commentary, elucidating a practice residing at the geographic margins of a marginal arts practice. The founders and editors of CF, the married couple Corinne and Arthur Cantrill both suffered and benefited from CF’s impact on this international field of art production.

‘Out of the loop’: early childhood educators gaining confidence with unfamiliar policy discourse

It has been seven years since the Early Years Learning Framework (EYLF) was introduced in Australia and four years since the National Quality Standard (NQS) was implemented. To gain insight into how educators are understanding practice in the Australian early childhood and care context, the study draws on a praxeological frame where educators have the opportunity to inquire and critically reflect on practice in a supported research environment. Data were analysed using critical discourse analysis, enabling a close examination of participant reflections and understandings about practice. Findings reveal that educators are confident when describing their teaching using familiar educational discourse, whereas educators were apprehensive when confronted with new and unfamiliar concepts. The third finding illustrates the ways educators gain confidence with unfamiliar policy discourse. The study’s findings add to limited empirical evidence about how early childhood educators understand key concepts introduced by the EYLF and NQS.

Characteristics of European adults who dropped out from the Food4Me internet-based personalised nutrition intervention

OBJECTIVE: To characterise participants who dropped out of the Food4Me Proof-of-Principle study.

DESIGN: The Food4Me study was an Internet-based, 6-month, four-arm, randomised controlled trial. The control group received generalised dietary and lifestyle recommendations, whereas participants randomised to three different levels of personalised nutrition (PN) received advice based on dietary, phenotypic and/or genotypic data, respectively (with either more or less frequent feedback).

SETTING: Seven recruitment sites: UK, Ireland, The Netherlands, Germany, Spain, Poland and Greece.

SUBJECTS: Adults aged 18-79 years (n 1607).

RESULTS: A total of 337 (21 %) participants dropped out during the intervention. At baseline, dropouts had higher BMI (0·5 kg/m2; P<0·001). Attrition did not differ significantly between individuals receiving generalised dietary guidelines (Control) and those randomised to PN. Participants were more likely to drop out (OR; 95 % CI) if they received more frequent feedback (1·81; 1·36, 2·41; P<0·001), were female (1·38; 1·06, 1·78; P=0·015), less than 45 years old (2·57; 1·95, 3·39; P<0·001) and obese (2·25; 1·47, 3·43; P<0·001). Attrition was more likely in participants who reported an interest in losing weight (1·53; 1·19, 1·97; P<0·001) or skipping meals (1·75; 1·16, 2·65; P=0·008), and less likely if participants claimed to eat healthily frequently (0·62; 0·45, 0·86; P=0·003).

CONCLUSIONS: Attrition did not differ between participants receiving generalised or PN advice but more frequent feedback was related to attrition for those randomised to PN interventions. Better strategies are required to minimise dropouts among younger and obese individuals participating in PN interventions and more frequent feedback may be an unnecessary burden.